Regulated
by RICS

While all of us by now know the dangers of asbestos and the need to take precautions, however the fact is
most owners or others responsible for the maintenance of Non domestic Premises,
don’t realise that they are in Breach of the “Control of Asbestos Regulations
2012” by not having in place an Asbestos Management Plan.

This doesn’t actually mean that you have to have to have had an asbestos survey, as the Regulation say it is
the duty is to manage the risk and not a duty to
survey. It is however a fact that if you don’t have a survey that you may have to presume that many materials in the building contain asbestos, and so without
confirmation that they are clear, you could be managing risks on a items that you shouldn’t have to.

If you require a survey as well there are two types
firstly Management surveys with or without sampling (formerly Type 1 and 2) are all that
are required, or secondly if you are undertaking building and maintenance work when a
“Refurbishment and Demolition Survey” (old type 3) is required.

While a building constructed after 1999 should have no possibility of
containing Asbestos, there is however nothing in the regs to
exempt this for having an Asbestos Management survey, so
presumably one is still required here.

McLeman QS Network can now offer a service to prepare this Asbestos
Management Plan for you. We are familiar with the Regs and have prepared a format that fully satisfies all your obligations. We can advise on whether a survey is required and help organise this. E-mail us here to discuss it
further and get a fixed price quotation
asbestos@mcleman.net .

Read on to further understand the duty to manage Asbestos….

The duty to manage Asbestos

The duty to manage is directed at those who manage non-domestic premises: the people with responsibility for protecting others who work in such premises, or use them in other ways, from the risks to ill health that exposure to asbestos causes.

What is the Duty?

The duty to manage asbestos is contained in regulation 4 of the Control of Asbestos Regulations
2012. It requires the person who has the duty
(i.e. the "dutyholder") to: take reasonable steps to find out if there are materials containing asbestos in non-domestic premises, and if so, its amount, where it is and what condition it is in;
· presume materials contain asbestos unless there is strong evidence that they do not;
· make, and keep up-to-date, a record of the location and condition of the asbestos containing materials - or materials which are presumed to contain asbestos;
· assess the risk of anyone being exposed to fibres from the materials identified;
· prepare a plan that sets out in detail how the risks from these materials will be managed;
· take the necessary steps to put the plan into action; periodically review and monitor the plan and the arrangements to act on it so that the plan remains relevant and up-to-date; and
provide information on the location and condition of the materials to anyone who is liable to work on or disturb them.

There is also a requirement on anyone to co-operate as far as is necessary to allow the dutyholder to comply with the above requirements.

In many cases, the dutyholder is the person or organisation that has clear responsibility for the maintenance or repair of non-domestic premises through an explicit agreement such as a tenancy agreement or contract.

Remember McLeman QS Network can now offer a service to prepare this
Asbestos Management Plan for you. We are familiar with the Regs and have prepared a format that fully satisfies all your obligations. We can advise on whether a survey is required and help organise this. E-mail us here to discuss it
further and get a fixed price quotation asbestos@mcleman.net .

If you are still not convinced and want to read the extract from the regulations carry on below….

Extract from Control of Asbestos Regs
2012

Duty to manage asbestos in non-domestic premises
4. —(1) In this regulation "the dutyholder" means—
(a) every person who has, by virtue of a contract or tenancy, an obligation of any extent in relation to the maintenance or repair of non-domestic premises or any means of access thereto or egress therefrom; or

(b) in relation to any part of non-domestic premises where there is no such contract or tenancy, every person who has, to any extent, control of that part of those non-domestic premises or any means of access thereto or egress therefrom,
and where there is more than one such dutyholder, the relative contribution to be made by each such person in complying with the requirements of this regulation will be determined by the nature and extent of the maintenance and repair obligation owed by that person.

(2) Every person shall cooperate with the dutyholder so far as is necessary to enable the dutyholder to comply with his duties under this regulation.

(3) In order to enable him to manage the risk from asbestos in non-domestic premises, the dutyholder shall ensure that a suitable and sufficient assessment is carried out as to whether asbestos is or is liable to be present in the premises.

(4) In making the assessment—
(a) such steps as are reasonable in the circumstances shall be taken; and

(b) the condition of any asbestos which is, or has been assumed to be, present in the premises shall be considered.
(5) Without prejudice to the generality of paragraph (4), the dutyholder shall ensure that—
(a) account is taken of building plans or other relevant information and of the age of the premises; and

(b) an inspection is made of those parts of the premises which are reasonably accessible.
(6) The dutyholder shall ensure that the assessment is reviewed forthwith if—
(a) there is reason to suspect that the assessment is no longer valid; or

(b) there has been a significant change in the premises to which the assessment relates.
(7) The dutyholder shall ensure that the conclusions of the assessment and every review are recorded.

(8) Where the assessment shows that asbestos is or is liable to be present in any part of the premises the dutyholder shall ensure that—
(a) a determination of the risk from that asbestos is made;

(b) a written plan identifying those parts of the premises concerned is prepared; and

(c) the measures which are to be taken for managing the risk are specified in the written plan.
(9) The measures to be specified in the plan for managing the risk shall include adequate measures for—
(a) monitoring the condition of any asbestos or any substance containing or suspected of containing asbestos;

(b) ensuring any asbestos or any such substance is properly maintained or where necessary safely removed; and

(c) ensuring that information about the location and condition of any asbestos or any such substance is—
(i) provided to every person liable to disturb it, and

(ii) made available to the emergency services.
(10) The duty holder shall ensure that—
(a) the plan is reviewed and revised at regular intervals, and forthwith if—
(i) there is reason to suspect that the plan is no longer valid, or

(ii) there has been a significant change in the premises to which the plan relates;
(b) the measures specified in the plan are implemented; and

(c) the measures taken to implement the plan are recorded.
(11) In this regulation, a reference to—
(a) "the assessment" is a reference to the assessment required by paragraph (3);

(b) "the premises" is a reference to the non-domestic premises referred to in paragraph (1); and

(c) "the plan" is a reference to the plan required by paragraph (8).
Remember McLeman QS Network can now offer a service to prepare this
Asbestos Management Plan for you. We are familiar with the Regs and have prepared a format that fully satisfies all your obligations. We can advise on whether a survey is required and help organise this. E-mail us here to discuss it
further and get a fixed price quotation
asbestos@mcleman.net .

For
in depth information regarding the health effects of Asbestos there
are a couple of useful US sites with more than 3,000 pages of content
featuring information on asbestos, mesothelioma, and other cancers
that are caused by asbestos exposure :

We
are pleased to be the QS on a £650K conversion to a listed
building in Elie for a private client.

Co-iincidentally
we have four CDM-C projects in Merchiston. The first
is the conversion of the North Merchiston Club, the
second is the new tennis courts for Merchiston
Bowling and Tennis Club , the other two are
projects at Merchiston campus of Edinburgh Napier
University one being a new entrance canopy and the other
the third phase of their re-roofing programme..

About
to start on site is a fire damage reinstatement of a
tenement property in Bellshill where we are QS and CDM-C for
the joint owners.

At
Milnathort we are both QS and CDM-C for a development for Ross
Country Homes, where we are also undertaking the bank
monitoring role.

The
Bourse in Leith is a commercial development where we are
CDM-C and QS for a stone fabric repair.

After
12 years as a Sole Trader we incorporated in 2013 as a
Limited Company Registered in Scotland Nr SC396395. McLeman QS Network Ltd.

"By
Royal Appointment"!-
It may only be a fairly small project at the cafe at
Holyrood House in Edinburgh, however we are very honoured
to have secured a CDM-C commission from "The
Royal Household."

We are
now well into our CDM-C Framework commission which runs till
late 2012 with West Lothian Council Construction
Services. We have already undertaken a new £1m visitor
Centre at Beecraigs, a number of demolition projects, a War
Memorial, plus the more usual housing and schools projects.

Weslo
Housing Management appointed us for a third year for both QS and CDM service to take forward their
2011-12
maintenance programme, which include 9 projects with a
value of £1.25m.

Andrew
McLeman quoted in the Scotsman and then asked to
pen an article for a Health Publication on the cost implications of having only
single bed rooms in future Scottish hospitals - see
the articles here

Recently
completed are two £1m house extensions/
refurbishments The first near Loch Lomond and
the second one in East Lothian.

The
Benjamin Tindall designed Luffness Castle extension is now
complete and the Z1 Youth Bar for Girvan Youth Trust has
recently opened to rave reviews.